(A) The owner or owners of all property included in the petition for a special use permit shall submit an application to the Town Manager or his or her designated representative. Such an application shall include the name of the petitioner, date, location of proposed facilities on a vicinity map, and plans and/or specifications for said facilities.
(B) (1) Each application shall require an analysis of the environmental and economic impacts of the facilities proposed in the application. This analysis shall be completed within 120 days after the application for the proposed facilities is submitted and shall be conducted by the town, staff or a consultant selected by the Town Council.
(2) The petitioner shall agree to pay all reasonable costs incurred by the Town of Liberty in processing the application and in completing an analysis of the environmental and economic impacts of the proposed facilities.
(C) Upon receiving the environmental and economic analysis of the proposed facilities, the Town Manager shall give notice of a public hearing on the application.
(D) The Planning Board and the Town Council shall sit jointly at the public hearing at which all interested persons shall be permitted to testify.
(E) The Planning Board shall forward its recommendation to the Town Council within 30 days after the hearing at which the application is heard. Failure to submit a recommendation within this period shall be deemed a favorable recommendation.
(F) On receiving the recommendation of the Planning Board, the Town Council shall consider the application and said recommendation and may grant or deny the special use permit requested. The special use permit, if granted, shall include such approved plans as may be required. In granting the permit the Town Council shall find:
(1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and approved;
(2) That the use meets all required conditions and specifications of this subchapter and any requirements of the Randolph County Health Department;
(3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
(4) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for the Town of Liberty.
(G) In granting the permit, the Planning Board may recommend and the Town Council may designate such conditions, in addition and in connection therewith, as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this subchapter. All such additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the special use permit or on the plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors and assigns.
(H) If the Planning Board recommends the approval or disapproval of the special use permit, and if the Town Council grants or denies the permit, each body shall enter the reasons for its action in the minutes of the meeting at which the action is taken.
(I) Final approval or disapproval of the application will rest with the Town Council of the Town of Liberty.
(J) In the event of failure to comply with the plans approved by the Town Council or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and any facilities in operation will be considered in violation of this subchapter.
(Ord. passed 5-24-1982)